Legal
Terms of Service
These Terms of Service (“Terms”) govern your use of noellemclaughlin.com (the “Site”) and your engagement of personal training and coaching services (collectively, the “Services”) provided by Noelle McLaughlin, a sole proprietor doing business as Noelle McLaughlin Coaching, Colorado Springs, Colorado (“Coach,” “I,” “me,” or “my”).
By accessing the Site or purchasing the Services, you (“Client” or “you”) agree to be bound by these Terms in their entirety. If you do not agree, do not use the Site or purchase the Services.
1. Services
Noelle McLaughlin Coaching offers personal training and lifestyle coaching services on a tier-based, 6-week cycle model as described on the Site. The specific deliverables, session cadence, and support structure for each tier are described on the Services page and in any written service agreement or order confirmation provided at the time of purchase.
I reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. In the event of a material change to your active coaching cycle, I will provide reasonable advance notice and a pro-rated refund for any unused portion where applicable.
2. Eligibility
The Services are intended for adults aged 18 and older. By purchasing the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. The Services are not available to persons whose use of them is prohibited by applicable law.
3. Payment and Refund Policy
Payment
Payment is due in full at the time of purchase or as otherwise agreed in writing. All fees are stated in U.S. dollars. Payments are processed through a third-party payment processor; I do not store your payment card information. By providing payment information, you authorize the applicable charge.
Refunds
All sales are final. Due to the personalized and time-intensive nature of the coaching services — including program design, session preparation, and materials created specifically for you — refunds are not provided once a coaching cycle has commenced.
If you are unable to begin a cycle that has been paid for and have not yet received any program materials or sessions, please contact me within 48 hours of purchase to discuss options. Requests received after 48 hours or after any services have been delivered will not be eligible for a refund.
Exceptions may be considered at my sole discretion in cases of documented medical emergency that prevents participation entirely.
Chargebacks
Initiating a chargeback or payment dispute for services that have been rendered constitutes a breach of these Terms. I reserve the right to pursue all available legal remedies in such circumstances.
4. Client Responsibilities
To get the most from the Services and to ensure a safe coaching experience, you agree to:
- Provide accurate, complete, and current information about your health history, physical condition, injuries, limitations, medications, and any other information that may affect your ability to safely participate in physical training
- Update me promptly if your health status, medications, or physical condition changes during the coaching relationship
- Follow through on agreed-upon check-ins, sessions, and communication commitments
- Use your own judgment about your physical capacity during every workout and stop immediately if you experience pain, dizziness, shortness of breath, or any other warning sign
- Consult a licensed physician or qualified medical professional before beginning any exercise program, particularly if you have known health conditions, are pregnant, or have been sedentary for an extended period
- Not use the Services as a substitute for professional medical, nutritional, psychiatric, or psychological advice, diagnosis, or treatment
5. Health and Fitness Disclaimer
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON THE NATURE OF THE SERVICES AND YOUR ASSUMPTION OF RISK.
Not Medical Advice
Noelle McLaughlin is a NASM Certified Personal Trainer and is not a licensed physician, physical therapist, registered dietitian, psychologist, or other healthcare professional. Nothing in the Services, on the Site, or in any communication from me constitutes medical advice, diagnosis, treatment, or a substitute for professional medical care. You should consult a qualified healthcare provider before beginning any exercise or nutrition program.
Assumption of Risk
Physical exercise involves inherent risks, including but not limited to: muscle soreness, strain, injury, cardiovascular events, and in rare cases, death. By participating in the Services, you voluntarily and knowingly assume full and complete responsibility for all risks, injuries, losses, and damages arising from or related to your participation in any exercise program, whether or not such risks, injuries, losses, or damages result from the negligence of Noelle McLaughlin Coaching or any other cause.
Nutrition Guidance
Any nutrition frameworks, meal guidance, or dietary suggestions provided as part of the Services are general in nature, are not individualized medical nutrition therapy, and do not constitute advice from a Registered Dietitian or licensed nutritionist. You are solely responsible for evaluating whether any nutritional guidance is appropriate for your individual health needs and circumstances.
Results Not Guaranteed
Individual results vary based on many factors outside my control, including your genetics, adherence to the program, sleep, stress levels, pre-existing conditions, and lifestyle factors. I make no representations, warranties, or guarantees regarding specific fitness outcomes, weight loss, body composition changes, or any other results from participation in the Services.
6. Intellectual Property
All content on the Site — including text, graphics, logos, images, program designs, training plans, and other materials — is the property of Noelle McLaughlin Coaching and is protected by applicable copyright, trademark, and other intellectual property laws.
Coaching materials, training plans, and program content delivered to you as part of the Services are licensed to you for your personal use only. You may not reproduce, distribute, publicly display, sell, sublicense, or otherwise exploit any such materials without my prior written consent.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOELLE MCLAUGHLIN COACHING, ITS OWNER, AND ANY ASSOCIATED CONTRACTORS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: PERSONAL INJURY, BODILY HARM, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR ANY OTHER LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF NOELLE MCLAUGHLIN COACHING TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, liability is limited to the fullest extent permitted by law.
8. Indemnification
You agree to defend, indemnify, and hold harmless Noelle McLaughlin, doing business as Noelle McLaughlin Coaching, from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your use of the Services caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services.
9. Confidentiality
I treat all information you share in the context of the coaching relationship as confidential. I will not disclose your personal information, health data, or coaching content to third parties except as described in the Privacy Policy or as required by law.
You agree to treat any materials, frameworks, or proprietary methodologies provided to you in the course of the Services as confidential and not to share them publicly or with third parties.
10. Termination
Either party may terminate the coaching relationship at the end of any 6-week cycle by providing written notice prior to the renewal date. I reserve the right to terminate the Services immediately and without refund if you: engage in abusive, threatening, or harassing behavior; provide materially false health or personal information; or otherwise violate these Terms in a manner that renders continuation of the relationship impractical or unsafe.
Upon termination, your license to use any coaching materials provided to you ceases, and all outstanding payment obligations remain due.
11. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in El Paso County, Colorado, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.
13. Entire Agreement
These Terms, together with the Privacy Policy and any written service agreement or order confirmation provided at time of purchase, constitute the entire agreement between you and Noelle McLaughlin Coaching with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms. The remaining provisions will continue in full force and effect.
15. Changes to These Terms
I reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Your continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms. For active coaching clients, material changes to Terms governing your current cycle will be communicated directly.
16. Contact
For questions about these Terms, please contact me at:
Noelle McLaughlin Coaching
Colorado Springs, Colorado